Tuesday, May 25, 2010

"Three illegal aliens who criminally trespassed in Senator John McCain’s office were arrested for the offense, and as per the new Arizona law, their citizenship was examined and found to be wanting."

1) SB 1070 is due to take effect July 28th, 2010. The immigration status check of these three perps did not take place because of it, or according to the conditions contained in it.

(And obviously, current AZ law is sufficient to check a suspect's status, making 1070 superfluous, at least in this regard.)

"Unlike claims of liberal commentators, they could not be asked for proof of legal residency until after they had been arrested for another offense, in this case criminal trespass."

2) SB 1070 does not require arrest before checking a person's immigration status:

B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY
OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS
STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS
UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE,
WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE
PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT
PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).

The standard is "reasonable suspicion," and can take place during any "lawful contact" between law enforcement and a person suspected of not being here legally.

I'm hoping that AZ goes (or returns) to a "check status upon arrest" standard... I'd have no issue with that... ...though I'd kinda prefer to have suspected criminals tried (and if convicted, jailed) here if they break US law, rather than sent back to their country of origin scott-free. YMMV...
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Posted Tuesday, 25 May 2010 18:36 (Western Youth blog time)
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